SB 280: "An Act establishing the Afognak Island State Park."
00SENATE BILL NO. 280 01 "An Act establishing the Afognak Island State Park." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.21 is amended by adding new sections to read: 04 Sec. 41.21.184. PURPOSE OF AS 41.21.184 - 41.21.188. (a) The purpose 05 of AS 41.21.184 - 41.21.188 is to establish, subject to valid existing rights, the state-owned or acquired land and wat 06 described in AS 41.21.185 as the Afognak Island 07 State Park. The primary purposes of establishing the Afognak Island State Park are 08 to protect the area's recreational and scenic resources; to protect the area's fish and 09 wildlife habitat; to preserve and enhance the continued use of the area for sport and 10 subsistence hunting and fishing, personal use fishing, trapping, recreational activities, 11 and commercial fishing; and to restore and enhance resources and services injured by 12 the EXXON VALDEZ oil spill. 13 (b) Under the provisions of AS 38.05.300, state land, water, or land and water 14 containing more than 640 acres may be closed to multiple purpose use only by act of
01 the legislature. Because the area described in AS 41.21.185 exceeds 640 acres, 02 AS 41.21.184 - 41.21.188 are intended to close the described land and water to 03 multiple purpose use in conformity with AS 38.05.300 and to dedicate them as a 04 special purpose site in accordance with art. VIII, sec. 7, Constitution of the State of 05 Alaska. 06 Sec. 41.21.185. AFOGNAK ISLAND STATE PARK ESTABLISHED. The 07 upland, shoreland, tideland, land underlying tidally influenced inland water, and water 08 overlying these lands owned or acquired by the state within the following described 09 parcels are established as the Afognak Island State Park: 10 Township 21 South, Range 16 West, Seward Meridian according to the 11 United States of America, Department of the Interior, Bureau of Land Management 12 plat accepted December 6, 1989, and filed December 22, 1989 13 Section 19: Lots 1, 2, and 3 14 Sections 30 and 31: (fractional) all 15 Township 22 South, Range 16 West, Seward Meridian according to the 16 United States of America, Department of the Interior, Bureau of Land Management 17 plat accepted December 6, 1989, and filed December 22, 1989 18 Section 6: (fractional) all 19 Section 7: Lots 1 and 2 20 Sections 18, 19, and 31: (fractional) all 21 Township 20 South, Range 17 West, Seward Meridian according to the 22 United States of America, Department of the Interior, Bureau of Land Management 23 plat accepted December 6, 1989, and filed December 22, 1989 24 Section 32: (fractional) all 25 Township 21 South, Range 17 West, Seward Meridian according to the 26 United States of America, Department of the Interior, Bureau of Land Management 27 plat accepted December 6, 1989, and filed December 22, 1989 28 Sections 6, 7, 8, 13, and 17: (fractional) all 29 Section 18: all 30 Sections 19, 20, 23, and 24: (fractional) all 31 Section 25: all
01 Sections 26, 29, 30, 31, 33, 34, and 35: (fractional) all 02 Section 36: all 03 Township 22 South, Range 17 West, Seward Meridian according to the 04 United States of America, Department of the Interior, Bureau of Land Management 05 plat accepted December 6, 1989, and filed December 22, 1989 06 Section 1: all 07 Sections 2, 3, 4, 5, 8, and 9: (fractional) all 08 Section 11: all 09 Section 12: (fractional) all 10 Sections 13 and 14: all 11 Sections 17, 19, and 20: (fractional) all 12 Section 23: all 13 Sections 24 and 25: (fractional) all 14 Sections 26, 27, 28, and 29: all 15 Sections 30 and 31: (fractional) all 16 Sections 32, 33, 34, and 35: all 17 Section 36: (fractional) all 18 All of Township 23 South, Range 17 West, Seward Meridian according 19 to the United States of America, Department of the Interior, Bureau of Land 20 Management plat accepted December 6, 1989, and filed December 22, 1989; and the 21 supplemental plat for Section 3 accepted April 11, 1990, and filed April 19, 1990 and 22 the supplemental plat for Section 19 accepted November 9, 1990, and filed 23 November 23, 1990 24 Township 21 South, Range 18 West, Seward Meridian according to the 25 United States of America, Department of the Interior, Bureau of Land Management 26 plat accepted December 6, 1989, and filed December 22, 1989 27 Section 1: Lots 1, 2, and 3 28 Sections 11 and 12: (fractional) all 29 Section 13: all 30 Section 14: (fractional) all 31 Section 15: Lots 1 and 2
01 Section 16: Lots 1 and 2 02 Section 17: Lot 1, excepting the property described as follows: 03 Commencing at the monument set for the northwest corner of Section 6, 04 Township 21, South, Range 18 West, Seward Meridian, proceed South a 05 distance of 10,560 feet along the westerly boundaries of Sections 6 and 7; 06 thence proceed East along the section line common to sections 7 and 18 a 07 distance of 4999 feet, more or less, to the protracted section corner common 08 to sections 7, 8, 17, and 18, said corner being the True Point of Beginning; 09 thence continuing East a distance of 1320 feet along the north boundary of 10 Lot 1 of section 17; thence South a distance of 2640 feet; thence West a 11 distance of 1320 feet, more or less, to the westerly boundary of Lot 1 of 12 section 17; thence North a distance of 2640 feet, more or less, along the 13 westerly boundary of said Lot 1 of section 17 to the True Point of Beginning; 14 The foregoing exception having an area of 80 acres, more or less 15 Section 17, Lot 2: all 16 Sections 20, 21, and 22: (fractional) all 17 Sections 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, and 36: 18 all 19 Township 22 South, Range 18 West, Seward Meridian according to the 20 United States of America, Department of the Interior, Bureau of Land Management 21 plat accepted December 6, 1989, and filed December 22, 1989 22 Section 36: Lot 2 23 Township 23 South, Range 18 West, Seward Meridian according to the 24 United States of America, Department of the Interior, Bureau of Land Management 25 plat accepted December 6, 1989, and filed December 22, 1989 26 Section 1: Lot 1 27 Section 12: Lot 1 28 Section 13: Lots 1, 2, and 3 29 Sections 24 and 25: (fractional) all 30 Township 21 South, Range 19 West, Seward Meridian according to the 31 United States of America, Department of the Interior, Bureau of Land Management
01 plat accepted December 6, 1989, and filed December 22, 1989 02 Sections 35 and 36: all 03 All of plat no. 93-40 within portions of Sections 26, 27, and 34, 04 as filed in the Kodiak Recording District October 19, 1993 05 All of Alaska Tideland Survey No. 1474 06 Sec. 41.21.186. DESIGNATION OF MANAGEMENT RESPONSIBILITY. 07 (a) The state land and water described in AS 41.21.185 is assigned to the Department 08 of Natural Resources as a unit of the state park system for control, maintenance, and 09 development consistent with the purposes and provisions of AS 41.21.184 - 41.21.188. 10 (b) The Department of Fish and Game is responsible for the management of 11 fish and game resources in the Afognak Island State Park, consistent with the sustained 12 yield principle and the purposes and provisions of this chapter. The Board of 13 Fisheries, the Board of Game, and the commissioner of fish and game are responsible 14 for adopting regulations governing uses of fish and game in accordance with AS 16. 15 The fish and game habitat and breeding areas shall be managed to ensure that the fish 16 and game resources of the park and habitat are maintained or enhanced. 17 (c) The Department of Natural Resources shall consult with the Department 18 of Fish and Game before adoption of regulations governing public use of the Afognak 19 Island State Park. 20 (d) The Board of Fisheries, the Board of Game, and the commissioner of fish 21 and game shall consult with the Department of Natural Resources before adoption of 22 regulations governing fish and game use in the Afognak Island State Park. 23 (e) Regulations under this section must be adopted in accordance with 24 AS 44.62 (Administrative Procedure Act). 25 (f) The Department of Public Safety and the Department of Fish and Game 26 shall have necessary access to the Afognak Island State Park for fish and game 27 management, research, and enforcement purposes. 28 Sec. 41.21.187. INCOMPATIBLE USES. (a) The commissioner of natural 29 resources may designate by regulation incompatible uses within the land and water of 30 the Afognak Island State Park. 31 (b) Lawful use of a weapon in the Afognak Island State Park shall be allowed
01 except in areas that may be closed for purposes of public safety by regulation by the 02 commissioner of natural resources. 03 (c) The regulations governing public use of the Afognak Island State Park shall 04 provide reasonable access for lawful sport and subsistence hunting and fishing, 05 personal use fishing, trapping, recreational uses, and commercial fishing. Except to 06 protect public safety, the commissioner of natural resources may not restrict the 07 exercise of sport or subsistence hunting or fishing, personal use fishing, trapping, or 08 commercial fishing permitted under law or under a regulation of the Board of Fisheries 09 or the Board of Game within the Afognak Island State Park. 10 Sec. 41.21.188. ADDITIONS TO PARK. Land may be added to the Afognak 11 Island State Park only by an act of legislature. The commissioner of natural resources 12 may not acquire land within the boundaries of the Afognak Island State Park by 13 eminent domain.